What Are Some Examples Of Conditions That Could Cause A Slip-And-Fall Injury?
Slip-and-fall accidents can occur almost anywhere, including on defective stairs, icy sidewalks, broken sidewalks, wet floors, and potholes in the street.
Is The Property Owner Always Liable In A Premises Liability Claim?
The property owner is not always liable in a premises liability claim, but they usually are. The defense is always going to try to argue that the injured party was primarily at fault for their injury. Contributory negligence comes into play in many cases, but there are circumstances under which the injured party did not contribute to their injury whatsoever.
How Does Pennsylvania Determine If A Property Owner Should Have Been Aware Of A Dangerous Condition?
Under Pennsylvania law, a property owner has three duties. The highest of these duties is owed to a business invitee, which is a person who has been invited to a certain location to do business (namely, spend money for the benefit of the business). A property owner must not only inspect the premises for dangers, but protect the customer from any dangers they find. The property owner should anticipate that the customer will not discover or realize the danger. An invitee is entitled to anticipate that the possessor of the land will have inspected the premises for dangerous conditions and will either warn the invitee of these conditions or correct them.
The second highest duty is owed to a public invitee, which is a person who has been invited to enter or remain on the land as a member of the public. Similar to a property owner, the public landowner must exercise reasonable care to discover and repair or warn the public of a dangerous condition.
The third highest duty is owed to a social invitee, which is a person who has been invited to someone’s home. A homeowner has a duty to protect their guests from any known or unknown dangerous conditions. Negligence occurs when a property owner knows of a dangerous condition and chooses not to do anything about it.